Federal Register / Vol. 63, No. 134 /Tuesday, July 14, 1998 /Rules and Regulations 37779

Nevertheless, we have revised that

portion of the criteria to clarify that

arthralgia is but one type of pain that

will satisfy that evaluation criterion.

We have made several nonsubstantive

technical corrections.

VA appreciates the comments

submitted in response to the proposed

rule. Based on the rationales presented

in the March 28, 1997, notice of

proposed rulemaking and the December

11, 1997, final rule that effected the

proposed revision, we affirm the

revision adopted in that final rule,

except for the changes made in this final

rule for the reasons explained above.

The Secretary hereby certifies that

this final rule will not have a significant

economic impact on a substantial

number of small entities as they are

defined in the Regulatory Flexibility

Act, 5 U.S.C. 601–612. The reason for

this certification is that this final rule

will not directly affect any small

entities. Only VA beneficiaries will be

directly affected. Therefore, pursuant to

5 U.S.C. 605(b), this final rule is exempt

from the initial and final regulatory

flexibility analysis requirements of

sections 603 and 604.

This final rule has been reviewed by

the Office of Management and Budget

under the provisions of Executive Order

12866, Regulatory Planning and Review,

dated September 30, 1993.

The Catalog of Federal Domestic

Assistance program numbers are 64.104

and 64.109.

List of Subjects in 38 CFR Part 4

Disability benefits, Individuals with

disabilities, Pensions, Veterans.

Approved: June 30, 1998.

Togo D. West, Jr.,

Secretary of Veterans Affairs.

For the reasons set out in the

preamble, 38 CFR part 4 is amended as

set forth below:

PART 4—SCHEDULE FOR RATING

DISABILITIES

1. The authority citation for part 4

continues to read as follows:

Authority: 38 U.S.C. 1155, unless

otherwise noted.

Subpart B—Disability Ratings

2. Section 4.104 is amended by

revising diagnostic code 7122 to read as

follows:

§ 4.104 Schedule of ratings—

cardiovascular system.

* * * * *

DISEASES OF THE ARTERIES AND

VEINS

Rating

* * * * *

7122 Cold injury residuals:

With the following in affected

parts:

Arthralgia or other pain, numbness, or cold sensitivity plus

two or more of the following:

tissue loss, nail abnormalities,

color changes, locally impaired sensation,

hyperhidrosis, X-ray abnormalities (osteoporosis, subarticular punched out lesions,

or osteoarthritis) ..................... 30

Arthralgia or other pain, numbness, or cold sensitivity plus

tissue loss, nail abnormalities,

color changes, locally impaired sensation, hyperhidro

sis, or X-ray abnormalities

(osteoporosis, subarticular

punched out lesions, or osteoarthritis) .................................. 20

Arthralgia or other pain, numbness, or cold sensitivity .......... 10

Note (1): Separately evaluate amputations

of fingers or toes, and complications such as

squamous cell carcinoma at the site of a cold

injury scar or peripheral neuropathy, under

other diagnostic codes. Separately evaluate

other disabilities that have been diagnosed as

the residual effects of cold injury, such as

Raynaud’s phenomenon, muscle atrophy, etc.,

unless they are used to support an evaluation

under diagnostic code 7122.

Note (2): Evaluate each affected part (e.g.,

hand, foot, ear, nose) separately and combine

the ratings in accordance with §§ 4.25 and

4.26.

* * * * *

(Authority: 38 U.S.C. 1155)

[FR Doc. 98–18642 Filed 7–13–98; 8:45 am]

BILLING CODE 8320–01–P

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 17

RIN 2900–AJ34

Provision of Drugs and Medicines to

Certain Veterans in State Homes

AGENCY: Department of Veterans Affairs.

ACTION: Interim final rule with request

for comments.

SUMMARY: This document amends the

‘‘Medical’’ regulations concerning the

provision of drugs and medicines

prescribed by non-VA physicians for

certain veterans who are permanently

housebound or in need of regular aid

and attendance. The regulations are

amended to allow prescriptions to be

filled by non-VA pharmacies in state

homes under contract with VA for

filling prescriptions for patients in state

homes. This is consistent with VA’s

special relationship with state homes. It

will eliminate duplication of services

and will help improve timeliness for

filling prescriptions in state homes.

DATES: Effective Date: July 14, 1998.

Comment Date: Comments must be

received on or before September 14,

1998.

ADDRESSES: Mail or hand-deliver

written comments to: Director, Office of

Regulations Management (02D),

Department of Veterans Affairs, 810

Vermont Ave., NW, Room 1154,

Washington, DC 20420. Comments

should indicate that they are submitted

in response to ‘‘RIN: 2900–AJ34.’’ All

written comments received will be

available for public inspection at the

above address in the Office of

Regulations Management, Room 1158,

between the hours of 8:00 a.m. and 4:30

p.m., Monday through Friday (except

holidays).

FOR FURTHER INFORMATION CONTACT: Jeff

Ramirez, Pharmacy Service (119),

Veterans Health Administration,

Department of Veterans Affairs, 810

Vermont Avenue NW, Washington, DC

20420, (202) 273–8428. (This is not a

toll-free number.)

SUPPLEMENTARY INFORMATION: This

document amends the ‘‘Medical’’

regulations set forth at 38 CFR Part 17.

More specifically, it amends the

provisions of § 17.96 which concern the

criteria for providing drugs and

medicines prescribed by non-VA

physicians for certain veterans who are

permanently housebound or in need of

regular aid and attendance.

Prior to the effective date of this

document § 17.96 stated:

Any prescription, which is not part of

authorized Department of Veterans Affairs

hospital or outpatient care, for drugs and

medicines ordered by a private or nonDepartment of Veterans Affairs doctor of

medicine or doctor of osteopathy duly

licensed to practice in the jurisdiction where

the prescription is written, shall be filled by

a Department of Veterans Affairs pharmacy,

provided:

(a) The prescription is for:

(1) A veteran who by reason of being

permanently housebound or in need of

regular aid and attendance is in receipt of

increased compensation under 38 U.S.C.

chapter 11, or increased pension under

§ 3.1(u) (Section 306 Pension) or § 3.1(w)

(Improved Pension), of this title, as a veteran

of the Mexican Border Period, World War I,

World War II, the Korean Conflict, or the

Vietnam Era (or, although eligible for such

pension, is in receipt of compensation as the

greater benefit), or
37780 Federal Register / Vol. 63, No. 134 /Tuesday, July 14, 1998 /Rules and Regulations

(2) A veteran in need of regular aid and

attendance who was formerly in receipt of

increased pension as described in paragraph

(a)(1) of this section whose pension has been

discontinued solely by reason of excess

income, but only so long as such veteran’s

annual income does not exceed the

maximum annual income limitation by more

than $1,000, and

(b) The drugs and medicines are prescribed

as specific therapy in the treatment of any of

the veteran’s illnesses or injuries.

This document amends § 17.96 to

allow prescriptions to be filled by nonVA pharmacies in state homes under

contract with VA for filling

prescriptions for patients in state

homes. State home pharmacies are fully

operational facilities that in many cases

can efficiently meet the needs of

veterans in the state homes. This action

is consistent with VA’s special

relationship with state homes. It will

eliminate duplication of services and

will help improve timeliness for filling

prescriptions in state homes.

Administrative Procedure Act

This document is published without

regard to the notice and comment and

effective date provisions of 5 U.S.C. 553

since it pertains to agency management.

Regulatory Flexibility Act

The Secretary hereby certifies that the

adoption of this interim final rule will

not have a significant economic impact

on a substantial number of small entities

as they are defined in the Regulatory

Flexibility Act, 5 U.S.C. 601–612.

The rule at the most will have only a

minuscule economic effect on any small

entity. Therefore, pursuant to 5 U.S.C.

605(b), this interim final rule is exempt

from the initial and final regulatory

flexibility analyses requirements of

§§ 603 and 604.

Catalog of Federal Domestic Assistance

Program Number

The Catalog of Federal Domestic

Assistance program number for this

document is 64.012.

List of Subjects in 38 CFR Part 17

Administrative practice and

procedure, Alcohol abuse, Alcoholism,

Claims, Day care, Dental health, Drug

abuse, Foreign relations, Government

contracts, Grant programs-health, Grant

programs-veterans, Health care, Health

facilities, Health professions, Health

records, Homeless, Medical and dental

schools, Medical devices, Medical

research, Mental health programs,

Nursing homes, Philippines, Reporting

and recordkeeping requirements,

Scholarships and fellowships, Travel

and transportation expenses, Veterans.

Approved: June 30, 1998.

Togo D. West, Jr.,

Secretary of Veterans Affairs.

For the reasons set forth above, 38

CFR part 17 is amended as set forth

below:

PART 17—MEDICAL

1. The authority citation for part 17

continues to read as follows:

Authority: 38 U.S.C. 501, 1721, unless

otherwise noted.

2. In § 17.96, the introductory text is

amended by removing ‘‘pharmacy’’ and

adding, in its place, ‘‘pharmacy or a

non-VA pharmacy in a state home under

contract with VA for filling

prescriptions for patients in state

homes’’; the authority citation at the end

of paragraph (a) is removed; and an

authority citation is added at the end of

the section to read as follows:

§ 17.96 Prescriptions filled.

* * * * *

(Authority: 38 U.S.C. 1712 (d))

[FR Doc. 98–18644 Filed 7–13–98; 8:45 am]

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 261 and 279

[FRL–6123–3]

RIN 2050–AE47

Hazardous Waste Management

System; Identification and Listing of

Hazardous Waste; Recycled Used Oil

Management Standards

AGENCY: Environmental Protection

Agency.

ACTION: Removal of direct final rule

amendments.

SUMMARY: Today’s rule removes three

amendments to the used oil

management standards originally

included in the direct final rule of May

6, 1998 and restores the regulatory text

that existed prior to the direct final rule.

The Agency received relevant adverse

comment on three provisions of this

rule which deal with mixtures of

conditionally exempt small quantity

generator waste and used oil, the

applicability of the used oil

management standards to used oil

contaminated with polychlorinated

biphenyls (PCBs), and record keeping

requirements for marketers of used oil

meeting the used oil fuel specification.

EPA will consider the comments

received as it finalizes the remaining

amendments in the near future.

EFFECTIVE DATE: July 14, 1998.

ADDRESSES: Public comments and

supporting materials are available for

viewing in the RCRA Information Center

(RIC), located at Crystal Gateway I, First

Floor, 1235 Jefferson Davis Highway,

Arlington, VA. The Docket

Identification Number is F–98-CUOPFFFFF. The RIC is open from 9 a.m. to

4 p.m., Monday through Friday,

excluding federal holidays. To review

docket materials, it is recommended

that the public make an appointment by

calling (703) 603–9230. The public may

copy a maximum of 100 pages from any

regulatory docket at no charge.

Additional copies cost $0.15/page. The

index and some supporting materials

are available electronically. See the

SUPPLEMENTARY INFORMATION section for

information on accessing them.

FOR FURTHER INFORMATION CONTACT:

RCRA Hotline. For general information,

contact the RCRA Hotline at (800) 424–

9346 or TDD (800) 553–7672 (hearing

impaired). In the Washington, DC

metropolitan area, call (703) 412–9810

or TDD (703) 412–3323.

Rulemaking Details. For more

detailed information on specific aspects

of this rulemaking, contact Tom

Rinehart by mail at Office of Solid

Waste (5304W), U.S. Environmental

Protection Agency, 401 M Street, SW,

Washington, DC 20460, by phone at

(703) 308–4309, or by Internet e-mail at

rinehart.tom@epamail.epa.gov.

SUPPLEMENTARY INFORMATION:

Withdrawal of Amendments that

Received Relevant Adverse Comment

On May 6, 1998, EPA issued a direct

final rule (63 FR 24963) which included

eight amendments clarifying various

parts of the used oil management

standards and provisions of the

hazardous waste regulations concerning

used oil. EPA also issued a notice of

proposed rulemaking on May 6, 1998

(63 FR 25006), in which the Agency

proposed and solicited public comment

on the same eight amendments. EPA

received relevant adverse comments on

three of the amendments in this

rulemaking: the amendments to 40 CFR

261.5(j) (mixtures of conditionally

exempt small quantity generator waste

and used oil), 40 CFR 279.10(i)

(applicability of the used oil

management standards to used oil

contaminated with polychlorinated

biphenyls (PCBs)), and 40 CFR 279.74(b)

(recordkeeping requirements for

marketers of used oil that meets the

used oil fuel specification).

Accordingly, today’s document removes